Verkruysse v. Florida Carpenters Regional Council

Claimant challenges the judge of compensation claims’ (JCC) final order dismissing a “petition for benefits and for attorney’s fees and costs” with prejudice. Claimant argues the JCC erroneously granted a motion to dismiss without conducting an evidentiary hearing based on the mistaken belief that Claimant failed to file a responsive pleading to the motion. Although it is true the JCC overlooked Claimant’s response to the motion, the Final Order should be affirmed for two reasons.

First, upon discovery of the error in the order, Claimant failed to preserve the issue for appeal by filing a…